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Research on the Trail Separation

Author: GuiShanShan
Tutor: XuZuo
School: Southwest University of Political Science
Course: Civil Procedure Law
Keywords: Trial separation Misjudgments accountability system Judicial Committee Case referrals system Leadership batches case system
CLC: D926.2
Type: Master's thesis
Year: 2010
Downloads: 89
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Abstract


The trial separation is a phenomenon more common judicial practice. Which produces both social impact, but also the judicial system itself, the individual judges blameworthy. Of academia in China in the past, trial separation, most of the time just as the defects of the judicial system adverse consequences discussed, the lack of the integrity of the research of this phenomenon alone. Trial separation listed separately to research, discuss its manifestations, and the causes and background of great significance on the overall judgment of the problems of the existing judicial system in China as well as explore the future direction of reform. Based on empirical investigation with reference to existing theoretical results, the manifestation of the phenomenon of judicial separation and prone to such phenomena types of cases to review and summarize the trial separation phenomenon preliminary analysis, the presence of background and then the trial separation and Causes discuss reforms are proposed, in order to achieve the target to eliminate trial separation. Text in addition to the conclusion, is divided into three parts. The Introduction first described with claims disputes process, in order to elicit the article discusses the topic - trial separation, followed by the trial separation defined, combing previous trial separation-related research, pointed out that the existing theoretical results the inadequacies of the research methods used in this paper and the full text of the structural arrangements, and then on. The first part is the empirical investigation and preliminary analysis of a trial separation. Article detailed description of the empirical survey for the period from January 2009 to February 2010 data and information collected, defined on the basis of this trial separation manifestations instructions of handling the case, the CRIC motion and referrals to a higher court three. And the law applicable in doubt, the social impact is significant and easy to produce with other government agencies related to three types of trial separation cases were analyzed on three types of case trial separation phenomenon is how to generate. The second part of the background and reasons for the trial separation were analyzed. Trial separation exists in the context of the current state of the judicial system in China. This state is the traditional system, the Soviet-over from Europe and the United States system transplant the result of three forces, and these three forces are still each game determines the direction of today's judicial reform in China. Trial separation causes of the existing deficiencies in the system of reasons, there are reasons for the deviation of the judicial philosophy, as well as the reasons for inadequate professional quality of judges. The third part of the reform proposals to eliminate the phenomenon of judicial separation. To eliminate the phenomenon of judicial separation, various reform measures must be taken. We should improve the system of judicial philosophy should change, also need to improve the professional quality of judges. This paper argues that the deficiencies in the system is the the trial separation phenomenon key reform proposals focused on the deficiencies in the system, the improvement of the system include the following: the reform of the judicial committee system, CRIC by the decision-making body to an advisory body, the CRIC toward the expert guidance and direction of development; implementation of case guidance system, with the fact that binding guidance through the publication of case, replace the judicial committee system and the system of case referrals from the functions, to solve our interpretation of the law difficult problems; implementation of hospital-President of the case-handling system, improve the professionalism of the judge, change of judges and court administration and the management mechanism to limit hospital chief judges involved in the cases dealt with the scope and forms of participation, to avoid hospital-President to intervene in the case hearing in the trial practice. Improve the the misjudgments accountability system; many ways to build a professional security system of judges from the material and career prospects, in order to defuse solve the worries of a judge; the integrity of the trial separation analysis, the proposed elimination of the phenomenon will be longer-term process, so as to eliminate the phenomenon of judicial separation target judicial reform must focus on the reality, based on the long-term. The article outlines the phenomenon of judicial separation, and put forward a number of recommendations to eliminate the phenomenon of judicial separation, which is this article possible innovations. The development direction of the next step is to further strengthen the empirical research, more comprehensive and detailed analysis of this phenomenon is the presence of types, and other factors that lead to a trial separation, and make more effective measures.

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